Regulation 30 of the Deeds Registries Act 47 of 1937(DRA) has been amended and prescribes the way in which shares in immovable property must be described. The said regulation provides that reference to a percentage and not a fraction must be used.
For example:
“50% (Fifty percent) share in Erf 750 Mamelodi”
All deeds and documents lodged at a Deeds Registry must refer to the percentage and not the fraction of the share being dealt with.
Regulation 29 of the DRA provides that in the description of immovable property in a deed or bond; the extent thereof shall be expressed in words and figures.
For example:
Measuring: 850 (Eight Hundred and Fifty ) Square Meters
This has the effect that the extent of all immovable property in a deed or a bond must be described in words and figures. It is thus not necessary to disclose the extent in words and figures in a power of attorney, consent, etc.
Immovable property will encompass exclusive use areas, real rights of extension, lease agreements, servitudes, just to mention a few.
Allen West
Property Law Consultant
HANNES GOUWS AND PARTNERS INC.
Attorneys, Notaries & Conveyancers
Tel: 012 321 1008
Cell 078 7655928
E-mail: allen@hannesgouws.co.za
Author of The Practitioners Guide to Conveyancing and Notarial Practice 3rd Edition
